Farmers' Mutual Insurance v. Kinney

Oldham, C.

This was an action on a fire insurance policy for damages for the alleged loss by fire of a dwelling-house and its *809contents on the 3d day of November, 1898. The issuing and delivering of the policy by the defendant insurance company was admitted in the answer, but liability for the loss was denied on the ground that an assessment of $5.63 was made on plaintiff’s policy by the company on the 1st day of September, 1898, due notice of which was given to plaintiff, and that the same was unpaid at the time the fire occurred, and that on the 31st day of October, 1898, under the by-laws…